Back to the Scottish Parliament Business Bulletin No. 45/2007: Friday 9 March 2007
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Section G – Bills

New Bills introduced or reprinted on 8 March 2007

Protection of Vulnerable Groups (Scotland) Bill—The Bill was reprinted as passed (SP Bill 73B) (Executive Bill).

New amendments to Bills lodged on 8 March 2007

Custodial Sentences and Weapons (Scotland) Bill – Stage 3

Section 4

Colin Fox

16 In section 4, page 2, line 27, leave out <for a term of 15 days or more,> and insert <that is not a life sentence; and includes a sentence of detention imposed under section 206(2) of the 1995 Act (detention for up to 4 days in summary case),>

Colin Fox

17 In section 4, page 2, leave out lines 30 to 32

Colin Fox

18 In section 4, page 3, line 10, leave out subsection (2)

Section 5

Colin Fox

19 Leave out section 5

Section 6

Bill Aitken

20 In section 6, page 3, line 31, leave out from <(ignoring> to end of line 32

Bill Aitken

21 In section 6, page 3, line 33, at beginning insert <Subject to section (The custody part: repeat offenders)>

Bill Aitken

22 In section 6, page 4, line 7, at end insert <and

( ) any need to protect the public from the person.>

Bill Aitken

23 Leave out section 6 and insert—

<Custody part

When a custody and community sentence is imposed on a person, the custody part is to be 85% of the sentence.

After section 6

Bill Aitken

24 After section 6 insert—

<The custody part: repeat offenders

(1) This section applies where—

(a) a person is found guilty of an offence,
(b) the court considers it appropriate to impose a sentence of imprisonment on the person, and
(c) the person has within ten years of being found guilty served two or more separate sentences of imprisonment.

(2) The custody part of the sentence is to be the whole of the sentence.>
Section 6B

Bill Aitken

25 Leave out section 6B

After section 13

Bill Aitken

26 After section 13 insert—

<Application of section 8 to repeat offenders

(1) This section applies to a prisoner to whom section (The custody part: repeat offenders) applies.

(2) Section 8(1) does not apply.>

Section 13A

Bill Aitken

27 Leave out section 13A

Section 14

Bill Aitken

28 In section 14, page 8, line 6, leave out <three-quarters> and insert <85%>

Bill Aitken

29 In section 14, page 8, line 7, after <to> insert <section (The custody part: repeat offenders) and>

Bill Aitken

30 In section 14, page 8, line 7, after <to> insert <section 12 and>

Section 15

Bill Aitken

31 In section 15, page 8, line 22, leave out from <(ignoring> to end of line 23

Bill Aitken

32 In section 15, page 8, line 29, at end insert <and

( ) any need to protect the public from the person.>

Section 22

Colin Fox

33 In section 22, page 11, leave out line 8

Section 27

Bill Aitken

34 In section 27, page 12, line 34, leave out lines 34 and 35

Section 36

Bill Aitken

35 In section 36, page 20, line 3, leave out from <later> to <expiry> in line 8 and insert <day on which the prisoner has served 80%>

Section 43

Cathy Jamieson

36 In section 43, page 30, line 26, at beginning insert <Subject to subsection (3),>

Cathy Jamieson

37 In section 43, page 30, line 27, at end insert—

<(3) A statutory instrument containing an order under section 27Q may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.”>

Section 45

Cathy Jamieson

38 In section 45, page 31, line 18, after <weapons)> insert—

<( ) in each of subsections (5), (8) and (9), for “prove” substitute “show”, and>

Cathy Jamieson

39 In section 45, page 31, line 18, at end insert—

<“(11ZA)Subject to subsection (11ZC), where a person is charged with an offence under subsection (1) above in respect of conduct of his relating to a weapon to which this section applies, it shall be a defence to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11ZB).

(11ZB)Those purposes are—

(a) the purposes of theatrical performances and of rehearsals for such performances;
(b) the production of films (as defined in section 5B of the Copyright, Designs and Patents Act 1988 (c.48));
(c) the production of television programmes (as defined in section 405(1) of the Communications Act 2003 (c.21)).

(11ZC)Where—

(a) a person is charged with an offence under subsection (1) above in respect of conduct of his relating to a weapon to which this section applies (a “relevant weapon”), and
(b) the relevant weapon is one the importation of which is prohibited,
subsection (11ZA) does not apply unless the condition in subsection (11ZD) is satisfied.

(11ZD)The condition is that there is in force as respects Scotland provision to the effect that it is a defence for a person (“A”) charged with a relevant offence in respect of A’s conduct relating to a relevant weapon to show that A’s conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11ZB).

(11ZE)In subsection (11ZD), “relevant offence” means an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (c.2) (penalty for improper importation of goods).

(11ZF)For the purposes of this section, a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11ZA) above if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it; and
(b) the contrary is not proved beyond a reasonable doubt.>

Cathy Jamieson

40 In section 45, page 31, leave out lines 20 to 23 and insert <modify the application of this section in relation to any description of weapon specified in the order.>

Cathy Jamieson

41 In section 45, page 31, line 28, at end insert—

<( ) The defence in section 141(11ZA) of the Criminal Justice Act 1988 (c.33) is not available in relation to so much of any charge as relates to conduct taking place before the commencement of this section.>

Section 46

Cathy Jamieson

42 In section 46, page 32, line 3, leave out from <under> to end of line 4

Cathy Jamieson

43 In section 46, page 32, line 31, at end insert—

<(7) The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11A).”>
Section 50

Colin Fox

44 In section 50, page 34, line 35, at end insert—

<(2A) But an order in respect of any provision of Part 2 may not be made until the Scottish Ministers have secured the publication of a report, to be carried out by a person not otherwise accountable to them, on the costs and benefits of that Part in terms of its likely effect on—

(a) levels of offending and re-offending, and
(b) the size of the prison population.

(2B) A report under subsection (2A) must be published and laid before the Scottish Parliament within 12 months of the passing of the Bill for this Act.>

Schools (Health Promotion and Nutrition) (Scotland) Bill – Stage 3

Section 1

Patrick Harvie

21 In section 1, page 2, line 7, at end insert—

<(6) Despite subsection (5), a school or hostel is not "health-promoting" if it—

(a) allows on its premises the advertisement of food or drink not complying with nutritional requirements specified under section 56A(1) of the 1980 Act, or

(b) accepts sponsorship from the manufacturers of such food or drink.

(7) In subsection (6), "premises" has the same meaning as in section 135 of the 1980 Act.".>

Section 6

Tricia Marwick

In substitution for amendment 2—

22 In section 6, page 5, line 6, leave out <The authority may> and insert <Where an authority provide food or drink under subsection 1(a), they may, subject to subsection (3)>

Ms Rosemary Byrne

23 In section 6, page 5, line 6, at end insert <subject to subsection (2BA)>

Ms Rosemary Byrne

24 In section 6, page 5, line 8, at end insert—

<(2BA)Where, under subsection (1)(a), an authority provide milk or fruit to pupils in attendance at primary or nursery schools, they must do so free of charge.>

Fiona Hyslop

25 In section 6, page 5, line 16, at end insert—

<( ) In subsection (3), after paragraph (b) insert—

"(c) who is of such description as the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed.".>

After section 6

Fiona Hyslop

26 After section 6, insert—

<Free school lunches: regulations

In section 133 of the 1980 Act (regulations), after subsection (2ZA) (as inserted by section 4 of this Act) insert—

"( ) Subsection (2) above shall not apply to regulations under section 53(3)(c); and no such regulations shall be made unless a draft of the regulations has been laid before, and approved by resolution of, the Scottish Parliament.".>

Section 8

Patrick Harvie

27 In section 8, page 6, line 13, at end insert—

<( ) Within twelve months of the commencement of this section, the Scottish Ministers must publish a code of conduct, to which an education authority must have regard, on the use of biometric data in pursuance of subsection (2).>

Section 8A

John Home Robertson

28 In section 8A, page 6, line 32, leave out <including, in particular, guidance about fair and ethical trading>

John Home Robertson

29 In section 8A, page 7, line 3, leave out <including, in particular, guidance about fair and ethical trading>

John Home Robertson

In substitution for amendment 5—

30 In section 8A, page 7, line 3, at end insert—

<( ) Guidance issued under subsection (2) or (4) may, in particular, include guidance about the extent to which the application of the principles of sustainable development may be affected by considerations relating to—

(a) fair and ethical trading,

(b) the places where food or drink is produced or processed.".>

Patrick Harvie

31 In section 8A, page 7, line 3, at end insert—

<( ) The Scottish Ministers must review guidance issued under this section annually and (as they consider appropriate) revise and re-issue such guidance.".>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and

  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

The Bills page of the Parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Final Proposal for Members’ Bills

John Swinburne MSP: Exempting the Sale of Homes to pay for Residential Accommodation (Scotland) Bill - Proposal for a Bill to disregard the value of a person’s home in the financial assessment undertaken by local authorities to establish contributions towards the cost of residential accommodation placements (lodged 8 February 2007)

A summary of responses to consultation on the draft proposal together with copies of each response and a summary of the responses, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Dr Jean Turner, Margo MacDonald, Donald Gorrie, Mike Rumbles, Carolyn Leckie, Mark Ballard, Chris Balance, Shiona Baird, Frances Curran, Dennis Canavan, Campbell Martin, Ms Rosemary Byrne, Tommy Sheridan, John Farquhar Munro, Colin Fox, Patrick Harvie, Ms Sandra White, Mike Pringle, Mr Brian Monteith, Rosie Kane, Robin Harper, Mr Andrew Arbuckle, Mr Jamie Stone

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